In a brief video, constitutional law professor Elizabeth Price Foley discusses the Institute for Justice’s amicus brief, which she co-authored, on the Patient Protection and Affordable Care Act (Obamacare) for the U.S. Supreme Court. Here’s an excerpt:
It’s always been the case under Anglo-American law that contracts have to be willing, they have to be based on the voluntary, mutual assent of the parties. So you cannot coerce a contract, and there are many doctrines that support this idea from fraud, to incapacity, to duress. . .
In theory, if this individual mandate is upheld the government can impose any other kind of contractual relationship against your will. So for example, they could force you to enter into a contract of employment for the rest of your life, they could force you to join a union, they could force you to enter into a contract with a landlord, or a mortgage company. Literally the implications are unlimited.
Well worth a watch.
Also check out ObamaCare v. the Constitution by Paul J. Beard II.
- ObamaCare v. the Constitution
- Mandatory Health Insurance: Wrong for Massachusetts, Wrong for America
- Health Care and the Separation of Charity and State
- Moral Health Care vs. “Universal Health Care”
- Obama's Atomic Bomb: The Ideological Clarity of the Democratic Agenda
- Book Review: The Right to Earn a Living: Economic Freedom and the Law by Timothy Sandefur